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在现代社会的发展基础上,财产的归属变得日益重要,因此,婚姻当事人之间通过约定进而排除法律对夫妻财产的规定便成为了现实。由于这一规定的存在导致司法实务中关于夫妻之间财产契约纠纷不胜枚举,但法院判断争议焦点的最终落脚点都在于物权的归属。现代社会财富的价值多体现在不动产的拥有量上,随着现代社会的发展,夫妻之间不动产财富拥有量也在不断增长,由此导致的案件数量也在不断攀升。作者通过比较分析国内外的夫妻财产制度以期得出解决夫妻财产制契约适用难题。
On the basis of the development of modern society, the ownership of property becomes more and more important. Therefore, it is a reality that the parties to marriage should rule out the legal provision for the property of husband and wife. Because of the existence of this provision leads to numerous disputes over the property contract between husband and wife in judicial practice, the court ultimately decides the focal point of the dispute lies in the ownership of real rights. The value of wealth in modern society is reflected in the ownership of real estate. With the development of modern society, the amount of real estate wealth held between husband and wife is also on the rise. The number of cases caused by this is also on the rise. The author compares and analyzes domestic and overseas marital property systems in order to reach the solution to the applicable problems of marital property contract.